(영문) 서울서부지방법원 2020.01.08 2019고정829

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(영문) 서울서부지방법원 2020.01.08 2019고정829

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around June 20, 2018 and around August 8, 2018, the Defendant made a false statement to the effect that “The amount of traffic accident agreement is required. If the Defendant lends KRW 10 million to the victim B, 3 additional interest shall be given on the 20th day of each month, and the principal shall be paid after having joined the fraternity operated by the victim, and the principal shall be paid after having joined the fraternity operated by the victim.” Accordingly, the Defendant received from the victim a total of KRW 20 million from the Defendant’s financial account twice around that time.

However, the Defendant did not have any intent or ability to repay the principal and interest in accordance with the agreement with the victim even if the Defendant borrowed money from the victim due to no special property or income.

As such, the Defendant, by deceiving the victim, acquired money of KRW 20 million from the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement concerning B;

1. A copy of the deposit transaction statement [the defendant and his defense counsel] stating that the defendant had the intent and ability to repay money from the victim at the time of borrowing money, did not deceiving the victim, and that the defendant did not have the intent to acquire money. However, this court only collected KRW 3,184,123, around October 7, 2019 with the seizure and collection order regarding the defendant's deposit claim and collected money from the victim, under the following circumstances acknowledged by the evidence duly investigated and adopted by this court: ① the defendant was living as the basic livelihood recipient without a certain occupation and income; ② there was no property in the defendant's name; ② the defendant did not take part in the guidance; ② the defendant did not take part in the guidance even though he was willing to receive money from the victim and repaid the borrowed money; ② the defendant did not pay interest only twice, and did not repay the remaining principal and interest of the loan (after this, the defendant collected the money from the defendant's deposit claim.

③ The Defendant borrowed money from the Defendant to use it as a traffic accident agreement.

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